TechSmith Corporation v. Bob Levin / Internet Hotline
Claim Number: FA1802001772543
Complainant is TechSmith Corporation (“Complainant”), represented by James R. Duby, Michigan, USA. Respondent is Bob Levin / Internet Hotline (“Respondent”), California, USA.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <camtasialearning.com>, registered with NameCheap, Inc.
The undersigned certifies that he has acted independently and impartially and, to the best of his knowledge, has no known conflict in serving as Panelist in this proceeding.
The Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Complainant submitted a Complaint to the Forum electronically on February 19, 2018; the Forum received payment on February 19, 2018.
On February 21, 2018, NameCheap, Inc. confirmed by e-mail to the Forum that the <camtasialearning.com> domain name is registered with NameCheap, Inc. and that Respondent is the current registrant of the name. NameCheap, Inc. has verified that Respondent is bound by the NameCheap, Inc. registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”).
On February 22, 2018, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of March 14, 2018 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@camtasialearning.com. Also on February 22, 2018, the Written Notice of the Complaint, notifying Respondent of the e-mail addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts.
Having received no response from Respondent, the Forum transmitted to the parties a Notification of Respondent Default.
On March 16, 2018, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed the Honorable Charles K. McCotter, Jr. (Ret.) as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant, TechSmith Corporation (“TechSmith”), uses the CAMTASIA mark in connection with computer software, namely, a video capture utility software in Class 9 and has done so in interstate commerce since at least as early as November 5, 1999. Complainant has rights in the CAMTASIA mark based upon its registration of the mark with the United States Patent and Trademark Office (“USPTO”) (e.g. Reg. 2,488,689, registered Sep. 11, 2001). Respondent’s <camtasialearning.com> domain name is confusingly similar to Complainant’s CAMTASIA mark as it incorporates the mark in its entirety and merely adds the generic/descriptive term “learning” and the “.com” generic top-level domain name (“gTLD”).
Respondent has no rights or legitimate interests in the <camtasialearning.com> domain name. Respondent is not commonly known by the disputed domain name, nor has Complainant authorized or licensed Respondent to use the CAMTASIA mark. Respondent’s use of the disputed domain name does not amount to a bona fide offering of goods or services or a legitimate noncommercial or fair use. Rather, the domain name resolves to a parked webpage with click through ads of links to competing products.
Respondent registered and is using the <camtasialearning.com> domain name in bad faith. Respondent intentionally attempts to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with Complainant’s marks as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website. Further, Respondent had actual knowledge of Complainant’s rights in the CAMTASIA mark prior to registering the disputed domain name.
B. Respondent
Respondent did not submit a formal Response in this proceeding. However, Respondent has consented to transfer the <camtasialearning.com> domain name to Complainant.
CONSENT TO TRANSFER
Respondent sent correspondence to The Forum consenting to the transfer of the <camtasialearning.com> domain name. As a result, where Respondent has not contested the transfer of the disputed domain name but instead agrees to transfer the domain name to Complainant, the Panel will forego the traditional UDRP analysis and order an immediate transfer of the <camtasialearning.com> domain name. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
Complainant TechSmith uses the CAMTASIA mark in connection with computer software, namely, a video capture utility software in Class 9 and has done so in interstate commerce since at least as early as November 5, 1999. Complainant has rights in the CAMTASIA mark based upon its registration of the mark with the USPTO (e.g. Reg. 2,488,689, registered Sep. 11, 2001). Respondent’s <camtasialearning.com> domain name is confusingly similar to Complainant’s CAMTASIA mark.
Respondent, Bob Levin / Internet Hotline, registered the <camtasialearning.com> domain name on January 25, 2018. Respondent has consented to the transfer of the domain name.
Respondent, having consented to the transfer, the Panel Orders that the <camtasialearning.com> domain name be TRANSFERRED from Respondent to Complainant.
The Honorable Charles K. McCotter, Jr. (Ret.), Panelist
Dated: April 2, 2018
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